Kerala High Court
Manager vs State Of Kerala on 11 December, 2019
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 11TH DAY OF DECEMBER 2019 / 20TH AGRAHAYANA, 1941
WP(C).No.31546 OF 2014(P)
PETITIONERS:
1 MANAGER,
KSHETHRA PRAVESANA MEMORIAL HIGHER SECONDARY
SCHOOL,POOTHOTTA,POOTHOTTA P.O,KOCHI 682 307
2 ABHILASH T.P
HSST(JUNIOR)HINDI,KSHETHRA PRAVESANA MEMORIAL HIGHER
SECONDARY SCHOOL,POOTHOTTA,POOTHOTTA P.O,
KOCHI 682 307
BY ADVS.
SRI.N.N.SUGUNAPALAN (SR.)
SRI.S.SUJIN
RESPONDENTS:
1 STATE OF KERALA
REP. BY THE SECRETARY TO GOVERNMENT,GENERAL
EDUCATION(T)
DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM
2 SPECIAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION(T)
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM
3 THE DIRECTOR
HIGHER SECONDARY EDUCATION,HOUSING BOARD
BUILDING,SANTHI NAGAR,THIRUVANANTHAPURAM
4 THE REGIONAL DEPUTY DIRECTOR
HIGHER SECONDARY EDUCATION,REGIONAL OFFICE,ERNAKULAM
SRI.JESTIN MATHEW,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.31546 OF 2014(P) 2
J U D G M E N T
This writ petition is filed by the petitioners seeking the following reliefs:
i) For a writ of certiorari or any other appropriate writ, order or direction, to quash Ext.P13.
ii) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to regularise the 2nd petitioner in the post of HSST(Jr.) Hindi in the 1 st petitioner's School from the date of his appointment on 1.9.2006 and disburse all benefits accruing therefrom.
iii) Award to the petitioners the costs of these proceedings; and
iv) Grant such other or further reliefs as this Honourable Court deems fit to grant in the particular facts and circumstances of the case.
2. First petitioner is the Manager of KPMHS School, Poothotta. Second petitioner is a teacher appointed in the said school. According to the petitioners, as there were sufficient strength of students existing for Hindi for the academic year WP(C).No.31546 OF 2014(P) 3 2002-2003 onwards to have a post of HSST(Jr.) Hindi and to have an additional division, the 2 nd petitioner has been appointed as HSST(Jr.) Hindi in the anticipated additional division. A similar appointment was made in the post of HSST(Jr.) Malayalam as per Ext.P4 staff fixation order dated 29.5.2007. One additional post each for HSST(Jr.) Hindi and Malayalam were sanctioned. The post of Hindi was fixed from the academic year 2002-2003 to 2006-2007 continuously without break.
3. It is also submitted that, Ext.P4 was passed after verifying the students strength, attendance register, accommodation and other records at the school level by the 4 th respondent and a higher level verification by the 3rd respondent i.e., the Regional Deputy Director and the Director of Higher Secondary Education, respectively. But in Ext.P4 it is stated that, the approval of appointment to the additional posts fixed will be made only after creation of posts by the Government. Thereupon, 1 st petitioner submitted Ext.P5 application dated 4.6.2007 for creation of WP(C).No.31546 OF 2014(P) 4 posts of HSST(Jr.) both in Malayalam and Hindi before the Government. The Government passed Ext.P7 order sanctioning the post of Malayalam alone. Nothing is stated about the post of Hindi, which was also fixed as per Ext.P4 staff fixation order. First petitioner, therefore, filed Ext.P8 petition seeking sanction of the post of HSST(Jr.) Hindi and thereafter secured Ext.P10 judgment in W.P.(C) No.11711/2011 dated 11.4.2011, whereby the Government was directed to consider the petition submitted by the 1 st petitioner. Thereafter, Ext.P11 order dated 14.2.2012 was passed declining to sanction the post of HSST(Jr.) Hindi. The said order was challenged by filing W.P.(C) No.1019/2013 and as per Ext.P12 judgment, directed the Government to re-consider the matter within a period of three months taking into account the submission made by learned Government Pleader that sufficient students are available in the petitioners' school for the sanction of Higher Secondary school Teacher (Junior). Thereafter, Ext.P13 order dated 22.5.2014 is passed, whereby WP(C).No.31546 OF 2014(P) 5 granting an additional post of HSST(Jr.) Hindi with prospective effect so as to regularise the 2 nd petitioner from the date of Ext.P13 order.
4. I have heard learned senior counsel for petitioner Sri.N.N.Sugunapalan, learned Government Pleader Sri.Jestin Mathew and perused the pleadings and documents on record.
5. The question emerges for consideration is, whether any manner of interference is warranted to Ext.P13 order passed by the Government creating a post of HSST(Jr.) Hindi prospectively from the date of the said order? On an evaluation of the facts and circumstances, it is categoric and clear that, there was sufficient students in the school in question and it was after conducting necessary examination and being satisfied with respect to the teacher-student ratio, Ext.P4 staff fixation order was passed for the academic years, 2002-2003 to 2006 - 2007 and 1st petitioner was continuously making efforts to create a post of HSST(Jr.) Malayalam and Hindi. It is also clear and evident from Ext.P7 that, HSST(Jr.) Malayalam was created, WP(C).No.31546 OF 2014(P) 6 however, no reasons are assigned for not declining the post of HSST(Jr.) Hindi. In Ext.P13 impugned order also, the number of divisions students available and the requirement of creation of post in order to maintain the teacher-student ratio is not disputed. Without taking into account any of the above aspects alone, Ext.P13 order is passed to create a post of HSST(Jr.) Hindi prospectively from the date of said order i.e., 22.5.2014. It is also quite clear and evident that, Ext.P4 staff fixation order and submission recorded in Ext.P12 judgment of this court that there are students available for the appointment of a HSST (Jr.) Hindi was never taken into account while passing the impugned order.
6. Therefore, in my considered opinion, Ext.P13 order suffers from the vice of arbitrariness and illegality and accordingly it is quashed to the extent it is giving only prospective effect from the date of the said order and there will be a direction to the respondents to regularize the 2 nd petitioner in the post of HSST(Jr.) Hindi in the 1 st petitioner's WP(C).No.31546 OF 2014(P) 7 school from the date of his appointment on 1.9.2006 and disburse all attendant benefits accruing therefrom, at the earliest possible time and at any rate within three months from the date of receipt of a copy of this judgment if the 2 nd petitioner is otherwise eligible. I also make it clear that, if any procedure is to be completed in accordance with the provisions of Kerala Education Rules for approval of the appointment, the same shall also be followed up when appropriate action is taken by the Manager of the School in terms of the directions contained above.
Writ petition is allowed accordingly.
Sd/-
SHAJI P.CHALY
Smv JUDGE
12.12.2019
WP(C).No.31546 OF 2014(P) 8
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 EXHIBIT P1 TRUE COPY OF ORDER OF APPOINTMENT OF
THE 2ND PETITIONER DATED 01-09-2006 ISSUED
BY THE 1ST PETITIONER
EXHIBIT P2 EXHIBIT P2 TRUE COPY OF MINUTES OF THE
SELECTION COMMITTEE DATED 27-08-2006 EXHIBIT P3 EXHIBIT P3 TRUE COPY OF LETTER DATED 01-09-2006 SUBMITTED BY THE 1ST PETITIONER TO THE 4TH RESPONDENT EXHIBIT P4 EXHIBIT P4 TRUE COPY OF STAFF FIXATION ORDER NO A5/4986/07 DATED 29-05-2007 EXHIBIT P5 EXHIBIT P5 TRUE COPY OF APPLICATION DATED 4-6- 2007 SUBMITTED BY THE 1ST PETITIONER BEFORE THE GOVERNMENT EXHIBIT P6 EXHIBIT P6 TRUE COPY OF CIRCULAR NO ACD.B5/5570/01/HSE DATED 19-03-2010 ISSUED BY THE 3rd RESPONDENT EXHIBIT P7 EXHIBIT P7 TRUE COPY OF GOVERNMENT ORDER G.O(MS) NO 53/2011/G.EDN DATED 26-02-2011 EXHIBIT P8 EXHIBIT P8 TRUE COPY OF REVIEW PETITION DATED 18-03-2011 SUBMITTED BY THE 1ST PETITIONER EXHIBIT P9 EXHIBIT P9 TRUE COPY OF REQUEST DATED 18-03- 2011 SUBMITTED BY THE 1ST PETITIONER TO THE 3RD RESPONDENT EXHIBIT P10 EXHIBIT P10 TRUE COPY OF JUDGMENT IN WPC NO 11711/2011 DATED 11-04-2011 EXHIBIT P11 EXHIBIT P11 TRUE COPY OF ORDER DATED 14-2-2012 ISSUED BY THE GOVERNMENT EXHIBIT P12 EXHIBIT P12 TRUE COPY OF JUDGMENT IN WPC NO 1019/2013 DATED 18-03-2013 EXHIBIT P13 EXHIBIT P13 TRUE COPY OF ORDER DATED 22-05-2014 ISSUED BY THE 2ND RESPONDENT EXHIBIT P14 TRUE COPY OF THE G.O.(RT)NO.1454/2013/G.EDN DATED 26.03.2013 WP(C).No.31546 OF 2014(P) 9